Trade-mark Infringement

March 21, 2017

Ontario Superior Court Finds Grey Marketing Settlement Agreements Not Void for Restraint of Trade

2016 ONSC 7201 - The ONSC found Bemco to be in breach of its settlement agreement with Mars, and found Mars entitled to summary judgment. The settlement agreement was in relation to Bemco grey marketing Mars' goods.
August 15, 2016

Motion to Stay Denied –Defamation Action and Trade-marks Act Claim Proceed in Parallel

2015 ONSC 7980 - The SCJ decided that the legal tests and the remedies available in a defamation action and an action for false and misleading statements under the Trade-marks Act are different enough that a stay of proceeding to block one action before the conclusion of the other should be denied.
June 29, 2015

Corporate Restructuring Fails to Avoid Injunction for Trade-mark Infringement

Agros Trading Confectionery SPZOO v K-Max Corp, 2015 ONSC 3166 - This case is an example of one company, who was sued for trade-mark infringement, attempting to evade the court ruling by incorporating a new company to continue selling the infringing products. Even though the infringement was taking place under new companies, infringers were still bound by an injunction preventing them from selling the infringing goods.
May 26, 2015

Interlocutory Injunction Upheld by FCA in Trade-mark Infringement Case

Jamieson Laboratories Ltd v Reckitt Benckiser LLC, 2015 FCA 104 - The FCA upheld an interlocutory injunction preventing Jamieson Laboratories Ltd. from selling its omega-3 fatty acid supplements under the name “OMEGARED”. The injunction was awarded largely because of the finding that Jamieson had strategically rebranded its product line from “Super Krill” To “Omega Red” in order to frustrate the entrance of Reckitt’s “MEGARED” product line into the Canadian market.
July 25, 2014

FCA Confirms Willful IP Infringement Not Sufficient Basis for Punitive Damages

Bauer Hockey Corp v Sport Maska Inc - 2014 FCA 158 - The Court confirmed that punitive damages are available in trade-mark infringement cases, but “[a]llegations of willful and knowing infringement are alone insufficient to support a claim to punitive damages."